Our Blog

27
Nov

Modifications to Spousal Support: How Does Retirement Affect Spousal Support?

Is Retirement an Automatic Qualifier for Modification to Spousal Support? The short answer to this question is no, retirement does not necessary mean that there can be a dreduction or termination of spousal support. Although Florida law does consider retirement and a reduction of income as a possible valid issue in a request to modify or terminate alimony, it is not by any means automatic. While there may be new Florida legislature in the future to make it easier to modify spousal support upon retirement, one substantial matter is what the language of the original divorce decree says. That is why it is very important to have legal representation when divorcing. Structuring a settlement an ...

19
Nov

Modifications to Spousal Support: The Approach to Modifying Spousal Support

The Approach to Modifying Spousal Support There are basically two sides for initiating a modification for spousal support. One side (the payer) may petition for a reduction in the amount that is paid to the ex-spouse, or even petition for immediate termination or a revision to the termination date. The other side (the payee) may petition to the court for an increase in the amount or amount of time that they receive the award. If there has been a substantial change in financial circumstances that was unexpected or involuntary for either of the spouses, there may very well be a valid reason to consider seeking a modification to the spousal support that was awarded in the final divorce decree. ...

09
Nov

Modifications to Spousal Support: Can Spousal Support Be Modified After a Florida Divorce?

Can Spousal Support Be Modified After a Florida Divorce? This is a common question raised by either party (the one receiving support or the one paying support) in a divorce. The simple answer is yes, Florida Statutes does allow for modification or even termination of most types of spousal support when it can be shown that there has been a substantial, unexpected, or involuntary change in the circumstances of either of the former spouses. That change must be one that affects either the former spouse’s ability to pay, or the other former spouse’s need. This can become a very complicated and contentious situation and before considering an approach to the court for a modification, it is very i ...

04
Nov

Spousal Support in a Florida Divorce

Spousal Support is Not a Cut and Dry Issue Under Florida divorce law, spousal support may be awarded under certain situations to either the wife or the husband. Spousal support is not meant to be punitive. Instead, it is sometimes awarded to help the lower earner- whether that is the husband or the wife- to get “back on their feet” or maintain the marital lifestyle for at least some period of time following the end of a marriage. Although support may often be thought of as paid on an ongoing basis, it may be awarded as a lump sum or as some combination of the two. When making a determination of whether or not to award support, the court may consider many factors including non-monetary iss ...

09
Oct

Why It's Important to Hire a Divorce Attorney

Now is Not the Time to Learn on the Go Divorce is a complicated and emotional time. This is not the time for you to try to figure things out on your own. If you do, you can make damaging mistakes that will drastically affect your outcome. The attorneys of In Law We Trust, P.A. specialize in the representation of men in family law matters. When considering divorce, consult with us before you do anything else! As your attorneys, we will make sure that you understand your rights and responsibilities and will be right beside you to ensure that your interests are protected. Understanding the Law Our lawyers have a firm understanding of the multitude of laws and potential loopholes that perta ...

30
Sep

Developing a Parenting Plan

More About Parenting Plans Florida law requires that divorcing parents of minor children put together a parenting plan. The parenting plan is a very important document that defines the parameters of how children will be taken care of after your divorce. The terms parental responsibility and time-sharing are today’s terminology used in a parenting plan and have replaced the terms that used to be described as “custody” and “visitation.” With evolving cultures and the rapid changes in today’s way of life facing modern families, there are constantly new issues with regard to appropriate child rearing. In Law We Trust, P.A. is the preeminent legal firm for men in the Tampa area, and we have th ...

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